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You may inform Foreign Office orally that the note is based on instructions sent you on August 30.

HULL

393.115 President Hoover/25: Telegram

The Ambassador in China (Johnson) to the Secretary of State

NANKING, September 1, 1937-11 a. m. [Received 3:44 p. m.]

581. My 578, August 31, 10 a. m. [p. m.]. On August 31, 7 p. m. I received information indirectly from an officer of the Aeronautical Commission that the court martial of the aviators responsible for the bombing of the President Hoover would announce a verdict the same evening and that General Chiang Kai Shek 35 was so incensed at the error committed that he intended to press for a verdict of death on the young aviator or aviators responsible.

This report seemed credible in view of the statement of Hsu Mo (see my 568, August 31, 10 a. m.36). I felt that the action of the aviator in surrendering himself at once to the military authorities with an acknowledgment of his error entirely cleared him of any suspicion of intent and that in these circumstances the immediate execution of the man or men involved would not be a necessary part of the amends which had been agreed upon between the American and Chinese Governments and if inflicted in an attempt to satisfy the American Government would convey a wrong impression. I therefore wrote informally to Madame Chiang saying that I should greatly deplore imposing the death penalty on the persons responsible. I have heard this morning that the death penalty probably will not be imposed but I have not heard what the penalty will be.

Repeated to Peiping.

JOHNSON

393.115 President Hoover/23: Telegram

The Ambassador in China (Johnson) to the Secretary of State

NANKING, September 1, 1937-7 p. m. [Received September 1-11: 52 a. m.] 583. My 578, August 31, 10 p. m. The Generalissimo asked me to see him this evening. He stated that the Chinese Government wished to express to me its apology for the very regrettable bombing of the Hoover, adding that the Government was prepared to assume respon

35 President of the Chinese Executive Yuan (Premier).

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sibility and make any amends within its power. He stated that the Government had taken steps to avoid such incidents in the future. Repeated to Shanghai, Peiping.

JOHNSON

393.115 President Hoover/24: Telegram

The Consul at Kobe (Scott) to the Secretary of State

KOBE, September 1, 1937-9 p. m. [Received September 1-12:25 p. m.]

The following is condensed substance of sworn statements made by master and first officer of the President Hoover on August 30, 5:10 p.m. Without warning three planes of a light bomber type with apparently two white stripes under each wingend dropped eight bombs on and near the vessel. One bomb landed on port deck going through deck and shattering everything in way. Another bomb exploded near ship's side scattering fragments as far as bridge and puncturing side in many places. Seven members of the crew were wounded, one fatally, one seriously and five slightly.

Shortly before the bombing two Japanese planes flew near the ship apparently headed toward the Saddle Islands; the nearest Japanese ship to the Hoover was a destroyer 5 miles away. The bombing was apparently done by Chinese planes for no understandable reason since character of the vessel was clearly visible and large American flag nailed on upper deck. Passengers and crew both displayed good discipline. Injuries to passengers negligible. Officers statements follow by mail.38

Repeated to Tokyo.

SCOTT

393.115 President Hoover/29: Telegram

The Consul General at Shanghai (Gauss) to the Secretary of State

SHANGHAI, September 2, 1937-2 p. m. [Received September 2-11: 41 a. m.]

635. Reference my 616, August 31, 3 p. m.38 Under the same promise that my source would be fully protected, two American pilots who have now come to Shanghai have confirmed the information given me by the British pilot.

There were no Japanese men-of-war or merchant vessels or transports within sight of [the Hoover,] any such ships were hull down on the horizon only their smoke being visible. Two Japanese de

38 Not printed.

stroyers arrived on the scene near the Hoover not earlier than 30 minutes after the bombing. There were three planes that attacked the Hoover. In addition to bombing they were seen to use their machine guns. The planes made repeated attacks on the ship. The weather at the time was clear and visibility could not have been better. Sent to the Department. Repeated to Nanking.

GAUSS

393.115 President Hoover/33: Telegram

The Ambassador in China (Johnson) to the Secretary of State

NANKING, September 2, 1937-4 p. m. [Received September 2-12:34 p. m.]

589. In view of Chinese admission of responsibility and willingness to make amends, I suggest that I be informed of amount of damages we are to claim in settlement of case of President Hoover. I may say that I am informed by the British Embassy that, acting on the acceptance of responsibility in the Hoover case, British are preparing to hand in claims for damages to Palace and Cathay Hotels in Shanghai.89

Sent to the Department. Repeated to Peiping, Shanghai.

JOHNSON

393.115 President Hoover/35: Telegram

The Ambassador in China (Johnson) to the Secretary of State

NANKING, September 4, 1937-3 p. m. [Received 10 p. m.]

598. My 578, August 31, 10 p. m. Following is the Embassy's translation of a note from the Minister for Foreign Affairs dated September 2 offering arguments against and giving particulars in connection with the bombing of the President Hoover.

"I have the honor to acknowledge the receipt of Your Excellency's formal note of August 31 informing me of the instruction of the American Government in regard to the bombing of the American merchant vessel President Hoover on August 30. After the receipt of Your Excellency's letter of August 30 concerning this matter, I made a reply on the 31st, explaining that a Chinese aviator unfortunately mistook the President Hoover for a Japanese military transport and through error dropped bombs on it, and stating that the Chinese Government felt most regretful for this occurrence and was ready to accept responsibility for it, as well as to take immediate steps for a settlement.

39

As a result of Chinese bombing of International Settlement in August; see telegram No. 485, August 15, 11 a. m., from the Consul General at Shanghai, p. 255.

A scout plane of the Chinese Air Force reported on the morning of August 30 that there were discovered on the sea, about 120 nautical miles east of the mouth of the Yangtze River, 10 Japanese military transports with troops on board, escorted by a destroyer; that they were sailing from the east towards Shanghai in a westerly direction, and that up to 11 o'clock they were continuing to sail westward. It was then decided to send airplanes to stop these vessels before their arrival at Shanghai. It was estimated that they might arrive at a point between 40 and 50 nautical miles distant from and east of the mouth of the Yangtze River around 5 o'clock. At 5:10 p. m. when such Chinese airplanes arrived at a point 30 or 40 nautical miles from the mouth of the Yangtze River, they saw two large merchant vessels, with one warship before and one behind, heading towards Shanghai. At the same time there were six Japanese pursuit planes circling in the sky. In these circumstances the officer in command of the Chinese Air Force decided immediately to bomb what he took for Japanese military transports before the Japanese airplanes launched an attack; it thus came about that bombs were dropped and through error damage was inflicted on the President Hoover. The Chinese airplanes then fought several engagements with the Japanese airplanes. One of the Chinese planes was hit and damaged in more than 10 places by bullets. Finally the Chinese Commander brought down one of the Japanese planes.

The facts set down above amply prove that the actual intention of the Chinese aviators, based upon the situation as they saw it, was to bomb troops arriving from Japan to invade Chinese territory, and that they had no intention whatever of harming noncombatants. Unexpectedly and in their haste they failed to distinguish the nature of the objective of their attack and thus made their error of dropping bombs on the American merchant vessel President Hoover.

The Chinese Government profoundly apologizes for this occurrence and reiterates its decision to assume responsibility for it and to afford immediate relief. The persons who should be held responsible will be severely punished. The Chinese military authorities have already taken appropriate measures in the hope that recurrence of similar mistakes may be avoided."

Repeated to Peiping, Shanghai.

JOHNSON

393.115 President Hoover/36: Telegram

The Ambassador in China (Johnson) to the Secretary of State

NANKING, September 6, 1937-5 p. m. [Received September 6-10:45 a. m.] 614. Department's 211, September 3, 8 p. m.40 I assume that incident of the bombing of the President Hoover may be considered closed with the note of the Minister for Foreign Affairs transmitted in my 598 of September 4, 3 p. m. except for damages and I shall await

40 Not printed.

Department's instructions in regard to this. Damages should, I suppose, include solatium for injury and loss of life.

Sent to the Department repeated to Peiping and Shanghai.

JOHNSON

393.115 President Hoover/41: Telegram

The Secretary of State to the Ambassador in China (Johnson)

WASHINGTON, September 11, 1937-3 p. m.

232. Your 614, September 6, 5 p. m., and previous. Department is of the opinion that, although cost of repairs to President Hoover cannot be ascertained until after arrival of the vessel in the United States, it would be advisable at this time for you to suggest orally and informally to the appropriate authorities of the Chinese Government the favorable reaction which probably would result from a voluntary offer by the Chinese Government to make as a solatium payment of specific sums of money to the heirs of the deceased seaman and to those others of the crew and among the passengers who were injured as a result of the bombing of the President Hoover. Department of course is not in position to state in advance whether, in the event that such offer is made, the sums offered would be acceptable but assumes that, in view of the seriousness of the incident and the Chinese Government's acceptance of responsibility therefor, the Chinese Government would wish to make full restitution in so far as any monetary payment could accomplish that end.

The Embassy's attention is drawn to the fact that of the seven members of the vessel's crew reported as injured by the bombing the Department has thus far received the names of only six.

HULL

393.115 President Hoover/42: Telegram

The Ambassador in China (Johnson) to the Secretary of State

NANKING, September 15, 1937-—11 a. m. [Received 12:37 p. m.]

659. Department's 232, September 13 [11], 3 p. m. Suggestion was conveyed to Vice Minister Hsu Mo September 14, 6 p. m. He received it appreciatively but said the Ministry of Foreign Affairs was awaiting information regarding degree of injuries of different victims. Peck" stated that the Embassy had received no information [on] this point and suggested that the Foreign Office might desire to inquire through the Chinese Embassy. He said the Department's

"Willys R. Peck, Counselor of Embassy in China at Nanking.

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